Virtual Conference: Residential Property Law and Conveyancing Update 2022

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KEY SUBJECTS

• RESIDENTIAL SDLT
• TOPICAL PROPERTY ISSUES AND CASE LAW UPDATE
• LEASE EXTENSION AND BUYING/SELLING FLATS – AVOIDING THE PROBLEM AREAS
• ESTATE RENTCHARGES – WHERE ARE WE NOW?
• NEWBUILD: ISSUES TO CONSIDER
• BUYING AND SELLING PART OF THE LAND – TIPS AND TRAPS
• ESSENTIAL PLANNING & BUILDING REGULATIONS: AN OVERVIEW

SPEAKERS

Paul Clark, Solicitor and SDLT trainer, Consultant, Cripps LLP

David Keighley, Solicitor, Legal Lecturer and Trainer

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

SDLT – MORE CHANGES

There have been no major changes to residential SDLT since non-resident surcharge was introduced in April 2021. However, there are now a dozen or more rates of SDLT that could apply to a residential purchase, and in this session we will, using worked examples, learn how to select the correct rate. A table of rates will be provided. In addition we will:

• be reminded of the HRAD exemptions
• look at the main home replacement exemption in detail
• comment on a recent consultation
• review reported tax appeals on multiple dwellings relief

Paul Clark, Solicitor and SDLT trainer, Consultant, Cripps LLP

TOPICAL PROPERTY ISSUES AND CASE LAW UPDATE

This session will examine the implications for residential property of recent case law, practice guides and related developments. To ensure the content is both topical and relevant the issues to be covered will be determined nearer the time but are likely to include:

• Restrictive Covenants: Obsolescence, Annexation and Identification
• Implementation of the Fifth Money Laundering Directive
• Leasehold Reform and update
• Joint Tenancy: Mistake
• Land Registry update
• Practice Points

David Keighley, Solicitor, Legal Lecturer and Trainer

LEASE EXTENSION AND BUYING/SELLING FLATS – AVOIDING THE PROBLEM AREAS

20% of England’s population live in flats, yet lease terms and statute can make the process of buying, selling and owning long residential flats far harder than might appear at first sight. This session will look at some of the more common problem areas and how to avoid them:

• Selling the flat and freeholder’s consent
• Advising your client on the lease terms including: sub-letting the flat, carrying out alterations and service charge obligations
• Maximising the value of the flat for your client on sale or purchase
• Enfranchisement, lease extension or right to manage – which is better and why?
• Ground rents, easier lease extension and other proposed changes

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

ESTATE RENTCHARGES – WHERE ARE WE NOW?

• What is an Estate Rentcharge and why are Estate Rentcharges used?
• How do Estate Rentcharges differ from Positive Covenants to pay towards maintenance?
• How can I tell the difference between an Estate Rentcharge and a Positive Covenant?
• Does it matter what an obligation to pay towards maintenance is called?

David Keighley, Solicitor, Legal Lecturer and Trainer

NEWBUILD: ISSUES TO CONSIDER

This talk will look at some of the more pertinent issues which need to be considered when advising clients on transactions of newbuild properties.

• EWS1: The latest guidance
• Fire Safety Legislation
• The 2022 New Homes Quality Code of Practice

David Keighley, Solicitor, Legal Lecturer and Trainer

BUYING AND SELLING PART OF THE LAND – TIPS AND TRAPS

Whether your client is selling part of their back garden or buying a little bit of next door’s land the practical issues you will need to consider in order to protect your client’s interests are the same. This session will look at:

• Maintaining the value of the retained part and controlling the use of the ‘sold-off’ part
• Making sure the site is accessible – but for what?
• Why the rule in Wheeldon v Burrows is still a worry
• Practical issues: fences, boundary markers and upgrading drainage

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

ESSENTIAL PLANNING & BUILDING REGULATIONS: AN OVERVIEW

An understanding of key aspects relating to planning and building regulations is essential for residential property practitioners.  This session will provide an overview of critical areas including:

• Planning conditions and their implications
• Planning permission and building regulation enforcement
• Community Infrastructure Levy and its effect on the purchaser
• Sustainable urban drainage

David Keighley, Solicitor, Legal Lecturer and Trainer

5.00pm CLOSE OF PROCEEDINGS